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Editor's note–Former article 1.13 pertaining to similar subject matter, was amended by Ordinance 6926 adopted 3/2/2026. Prior to the replacement this article derived from Ordinance 5545 adopted 7/21/08.
Surplus property.
City equipment, furniture, vehicles or other items of personal property that have been declared surplus, obsolete, worn out or useless by the head of a City department and that are no longer needed for public use.
Unclaimed property.
Abandoned, recovered or seized personal property that is in the possession of the City in the course of its municipal operation that has remained unclaimed by the owner of the property for a period of thirty (30) days or more.
(Ordinance 6926 adopted 3/2/2026)
(a) 
The City Manager, or his or her designee, shall give notice to the owner of any abandoned, recovered or seized personal property that is in the City's possession for more than forty-eight (48) hours. If the owner is known, notice shall be given by certified mail to the last known address of the owner of the property and include a description of the property, the address where the property may be redeemed, and a statement indicating that if the owner does not claim the property within thirty (30) days from the date of the notice, the property will be disposed of as provided in section 1.13.003 of this Code. If the owner is unknown or the owner's address is unknown, then notice shall be posted at City Hall of the description of the property, name of owner, if known, address where the property may be redeemed, and a statement indicating that if the owner does not claim the property within thirty (30) days from the date of the notice, the property will be disposed of as provided in section 1.13.003 of this Code. If the property remains unclaimed for a period of thirty (30) days or more after the date of the notice described in this subsection, it may be disposed of as provided in section 1.13.003 of this Code.
(b) 
The City is entitled to assess and collect a fee of twenty-five dollars ($25) for each day the property is in the possession of the City to cover the City's expenses in connection with the storage and care of the property. If assessed, such fee must be paid to the City before the property may be redeemed by the owner of the property.
(Ordinance 6926 adopted 3/2/2026)
(a) 
Unclaimed property or surplus property with a fair market value of five hundred dollars ($500) or more may be disposed of using the following methods:
(1) 
Public or online auction;
(2) 
Sealed, competitive bid sale to the public;
(3) 
Donation to a political subdivision or other governmental unit; or
(4) 
When the City Manager, or his or her designee, determines that it would be in the best interest of the City, surplus property may be offered as a trade-in for new property purchased by the City.
(b) 
If the unclaimed property or surplus property has a fair market value of less than five hundred dollars ($500) and the owner fails to redeem the property within thirty (30) days after the date of the notice required under section 1.13.002 of this Code, the City Manager or his or her or designee may sell, donate or destroy the property.
(c) 
If the unclaimed property is money, the City Manager or his or her designee shall deposit the money in the City treasury without conducting a sale or auction if the owner fails to redeem the money within thirty (30) days after the date of the notice required under section 1.13.002 of this Code.
(d) 
Items of personal property, the sale or other disposition of which is restricted by applicable law, may only be sold or disposed of by the City if the sale or disposition is in accordance with all applicable provisions of the law containing the restriction.
(Ordinance 6926 adopted 3/2/2026)
When unclaimed property or surplus property is to be sold by means other than trade-in or online auction, including sealed, competitive bid or public auction, notice of the sale shall be made by advertisement in the official newspaper of the City, describing the property and specifying the date, time, place, manner, and conditions of disposal. The advertisement shall be entered in the public notice or equivalent section of the newspaper and shall run not less than three days. The disposal shall not be held sooner than 14 days following the date of the publication of the first notice. All sales by bid or public auction shall be with reserve and, where bids received are unreasonably below the fair market value, all bids shall be rejected, and the property shall be thereafter disposed of in a manner which will ensure an adequate price.
(Ordinance 6926 adopted 3/2/2026)
The notice required by section 1.13.004 of this Code shall contain:
(1) 
A general description of the items of property to be sold;
(2) 
A statement that the property is to be sold "as-is";
(3) 
The general manner under which the property came into the possession of the City;
(4) 
Whether the property will be auctioned or sold directly;
(5) 
The deadline for the return of sealed bids; and
(6) 
The time and place of the auction or sale.
(Ordinance 6926 adopted 3/2/2026)
The auction or sale shall be conducted by the City Manager or his or her designee. No employee or officer of the City shall, either directly or indirectly, submit a bid for or purchase or acquire ownership of any property sold pursuant to this article.
(Ordinance 6926 adopted 3/2/2026)
The auction or sale may be postponed from time to time by inserting a notice of such postponement as soon as practicable in the newspaper in which the original notice was published.
(Ordinance 6926 adopted 3/2/2026)
When the sale of the property is made, the City Manager or his or her designee shall deliver to the purchaser a bill of sale containing a description of the property sold and the price paid for each item.
(Ordinance 6926 adopted 3/2/2026)
Proceeds of the sale shall be deposited by the City Manager or his or her designee in the appropriate fund of the City. Within six months from the date of the sale, the former owner of any item of such property may make application to the City for payment of the proceeds of the sale and, after satisfactory proof of ownership furnished to the City within six months from the date of sale, the City Council shall order the sale price to be paid to the former owner, after deducting therefrom the actual expenses necessarily expended by the City in the conduct of the sale and the storage and care of the property or the amount of the fee described in section 1.13.002 of this Code.
(Ordinance 6926 adopted 3/2/2026)
The provisions of this article do not apply to the following:
(1) 
Personal property seized or confiscated by the Police Department in the legal performance of its official duties or property that is subject to the disposition requirements of the Texas Code of Criminal Procedure;
(2) 
Dogs, cats, or other domestic animals impounded pursuant to the applicable law or this Code;
(3) 
Real property owned by the City; or
(4) 
Unclaimed property that is a motor vehicle.
(Ordinance 6926 adopted 3/2/2026)